Post Allowance and Refiling

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO/SB/44 Certificate of Correction	Form	Modified	Available
Form PTO/SB/141 Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Modified	Available
Form PTOL-85B Issue Fee Transmittal (electronic)	Form	Modified	Available
Form PTOL-85B Issue Fee Transmittal	Form	Modified	Repair queued
Form PTO/SB/56 Reissue Application Fee Transmittal Form	Form	Modified	Available
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Modified	Available
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Modified	Available
Form PTO/SB/51 Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	Form	Modified	Available
Form PTO/SB/50 Reissue Patent Application Transmittal	Form	Modified	Available
0651-0033 Supporting Statement July 2016 Draft (lrt).docx	Supporting Statement A	Uploaded 2016-10-27	Available
0651-USPTO-InfoQuality-Guidelines-01_07_2013 (2).pdf	Supplementary Document	Uploaded 2016-10-24	Available
0651-0033 January 2016 Change Worksheet.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2016-01-29	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37410	Certificate of Correction	Form	Modified
219746	Certificate of correction		Removed
219745	Reissue issue fee		Removed
219744	Plant issue fee		Removed
219743	Design issue fee		Removed
219742	Utility issue fee		Removed
219741	Publication fee for early, voluntary, or normal publication		Removed
219740	Reissue Examination Fee		Removed
219739	Reissue Application Size Fee - for each additional 50 sheets that exceeds 100 sheets		Removed
219738	Reissue claims in excess of 20		Removed
219737	Reissue independent claims in excess of three		Removed
219736	Reissue Search Fee		Removed
219735	Basic filing fee - Reissue		Removed
200486	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Modified
179614	Issue Fee Transmittal (electronic)	Form	Modified
179613	Issue Fee Transmittal	Form	Modified
179607	Reissue Application Fee Transmittal Form	Form	Modified
179606	Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Modified
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Modified
179604	Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	Form	Modified
179599	Reissue Patent Application Transmittal	Form	Modified
179598	Reissue Documentation		Modified

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 201608-0651-007
Status: Historical Active	Previous ICR Reference No: 201601-0651-018
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/12/2017
	Date Received in OIRA: 10/27/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	36 Months From Approved	01/31/2017
Responses	379,600	0	809,654
Time Burden (Hours)	207,065	0	380,058
Cost Burden (Dollars)	273,468,564	0	286,510,442

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. This collection of information also encompasses several actions that may be taken after issuance of a patent, pursuant to Chapter 25 of Title 35 U.S.C. A certificate of correction may be requested to correct an error or errors in the patent. For an original patent that is believed to be wholly or partly inoperative or invalid, the assignee(s) or inventor(s) may apply for reissue of the patent, which entails several formal requirements, including provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent). The public uses this information collection to request corrections of errors in issued patents, to submit applications for reissue patents, and to submit issue fee payments.

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Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null
   US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 115 Name of Law: null
   US Code: 35 USC 151 Name of Law: null
   US Code: 35 USC 251-256 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 56610	08/22/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 74773	10/27/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

table that charts list of burden

IC Title	Form No.	Form Name
Reissue Examination Fee
Basic filing fee - Reissue
Reissue claims in excess of 20
Reissue Application Size Fee - for each additional 50 sheets that exceeds 100 sheets
Reissue Search Fee
Publication fee for early, voluntary, or normal publication
Reissue Application: Consent of Assignee; Statement of Non-Assignment	PTO/SB/53, PTO/AIA/53	Reissue Application: Consent of Assignee; Statement of Non-Assignment ,   Reissue Application: Consent of Assignee; Statement of Non-Assignment
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	PTO/SB/51S	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
Reissue Application Fee Transmittal Form	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Documentation
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	PTO/SB/141	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
Reissue Patent Application Transmittal	PTO/AIA/50, PTO/SB/50	Reissue Patent Application Transmittal ,   Reissue Patent Application Transmittal
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	PTO/SB/51, PTO/SB/52, PTO/AIA/05, PTO/AIA/06, PTO/AIA/07	Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
Issue Fee Transmittal	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (electronic)	PTOL-85B	Issue Fee Transmittal
Certificate of Correction	PTO/SB/44	Certificate of Correction
Utility issue fee
Design issue fee
Plant issue fee
Reissue issue fee
Certificate of correction
Reissue independent claims in excess of three

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	379,600	809,654	0	-423,318	-6,736	0
Annual Time Burden (Hours)	207,065	380,058	0	-172,993	0	0
Annual Cost Burden (Dollars)	273,468,564	286,510,442	0	-12,580,098	-461,780	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The adjustments are due to expected changes in the public's use of the collection instruments. The steep drop in respondents is due to corrections for previous CWS which incorrectly double counted the respondents in the collection.

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Annual Cost to Federal Government: $585,718

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/27/2016

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